MANDATA SINGH @ BANTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant Mandata Singh has filed this appeal against the judgment dated 18.8.2006 passed by Additional Sessions Judge (Fast Track) No. 2), Jaipur City, Jaipur whereby he has been convicted under Ss. 307 and 427 IPC and he has been sentenced to seven years' rigorous imprisonment and a fine of Rs. 5,000/ - and in default of payment of the fine further rigorous imprisonment for six months under Sec. 307 IPC and to one year rigorous imprisonment and a line of Rs. 2,000/ - and in default of the payment of fine further simple imprisonment for one month under Sec. 427 IPC. The brief facts giving rise to this appeal are that at 6.30 A.M. on 18.8.2004 one Dr. Narendra Roongta submitted a report (Ex. P. 6) before S.H.O. Police Station Malviya Nagar, Jaipur at the site of the occurrence that at about 6.00 A.M. on the day he heard a loud noise and before he could rise he heard another noise. He came out of his house and saw smoke all around and the back portion of his Maruti Van was completely damaged. Constables Pushpendra Singh, Hawa Singh and Sohan Lal who were deputed for his security were standing there. Smoke was also coming out from a nearby house D. 669 Shiv Marg belonging to one Harish Gupta. He then saw a bomb like device of green colour near the main gate of his house which was round in shape like a 'Laddu'. He cried and cautioned the police constables. When the constable Pushpendra Singh tried to remove the bomb like device it exploded and in consequence he suffered grievous injury on his leg. Neighbourers Sagar Chand Jain and Dr. S.R. Shukla who were standing nearby also suffered injuries. He, however, escaped unhurt as he was standing a little away. Many people of the colony came there hearing the noise. The neighbour Dr. Anil Tambi told that two persons hurriedly boarded a Maruti 800 standing there and drove it fast. According to the report the persons behind this incident were Mandata Singh and his mother Siddh Kanwar and Mandata Singh had tried to kill him in the past also and that some other people might also be involved in the incident. After necessary investigation a challan was filed against the accused appellant, his mother Siddh Kanwar and two others, namely, Lalit Kumar and Yogesh Agarwal. Charges under various Ss. of IPC and Explosive Substances Act, 1908 were framed against the accused persons.

(2.) The case of Lalit Kumar was transferred to Juvenile Justice Board, Jaipur in compliance of the order of the High Court dated 3.1.2006.

(3.) The prosecution examined 28 witnesses while one Meera Kanwar (Dw. 1) was examined in defence. Nand Lal Singh (P.W. 15) stated that the bombs were thrown by the accused appellant Mandata Singh and the constable Sohan Lal (P.W. 5) stated that when he saw the accused appellant Mandata Singh was running from the place of occurrence. After hearing arguments, the trial court by the impugned judgment acquitted the accused Yogesh Agarwal and Siddh Kanwar of all the charges leveled against them but convicted the accused appellant under Sec. 427 and 307 IPC and sentenced him as mentioned hereinabove.